Marquette man appeals child porn sentence | News, Sports, Jobs

MARQUETTE — Edward J. Charboneau, 54, of Marquette, appealed his 10- to 20-year prison sentence on child pornography charges; but this had no bearing on his conviction or sentences.

Charboneau was charged with 32 counts of child sexual abuse activity, 32 counts of using a computer to commit a crime, two counts of aggravated possession of child sexual abuse material, and two corresponding counts of using a computer to commit a crime.

He rightly objected to these penalties and argued that: “The applicant’s constitutional right to a fair trial was violated because the relevant court did not allow the defense lawyer to present some explanatory evidence at the hearing.” As written by Stephen L. Borrello, Noah P. Hood, and Adrienne N. Young in the Michigan State Court of Appeals decision.

Defendant also argued that the trial court incorrectly arrived at a score of 10 points for offense variable 4, which is part of Michigan’s sentencing guidelines that measure psychological injury sustained by the victim of a crime, because there was no victim testimony regarding any psychological injury.

The appeals court’s decision affirmed Charboneau’s convictions and sentences but granted Charboneau’s appeal that the trial court had erred in awarding OV 4 10 points; The appellate court ordered that the availability investigation report be corrected to reflect a score of zero for OV 4.